Arbitrator says Millbury lacked proof in charges against detective

Susan Spencer, TELEGRAM & GAZETTE STAFF

Published Wednesday July 24, 2013 at 7:26 pm

Updated Wednesday July 24, 2013 at 10:43 pm

MILLBURY — Police Detective Kimberly Brothers, whose dismissal last August was overturned last week, will be reinstated to her former position with no loss of seniority, rank or benefits, according to the award submitted by arbitrator Timothy J. Buckalew. The ruling states she will also be made whole for lost wages, lost overtime opportunities and paid details she would have otherwise received.

Mr. Buckalew found that the town did not meet its burden of proof on either of the two key allegations against Detective Brothers.

The town had alleged that Detective Brothers engaged in excessive text messaging while on duty, presenting evidence from one text correspondent that Detective Brothers had sent 591 texts to this person over the course of six shifts in late September and early October 2011. However, the union, which represented Detective Brothers, counted only 259 texts over those same shifts.

There was no department policy on sending text messages or cellphone use at that time. Also, no other officers were disciplined for using cellphones for personal business.

Mr. Buckalew concluded that "the Town cannot show excessive personal texting when it has no standard from which to argue that the employee deviated."

The evidence for the other charge by the town, that Detective Brothers harassed three residents, was deemed by the arbitrator "largely impressionistic" and "ultimately amounts to little more than inchoate subjective feelings."

Lawyer Leigh Panettiere, who represented Detective Brothers, said, "She's pleased with the arbitration award and she's looking forward to going back to work."

Police Chief Kenny Howell was unavailable Wednesday for comment about when Detective Brothers would return.

Contact Susan Spencer at susan.spencer@telegram.com. Follow her on Twitter @SusanSpencerTG.